S03908 Summary:

BILL NOS03908
 
SAME ASSAME AS A03704
 
SPONSORDUANE
 
COSPNSR
 
MLTSPNSR
 
Add S13-p, amd SS141, 217, 205, 220 & 232, Work Comp L
 
Authorizes as a pilot program certified nurse practitioners to provide care and treatment to injured employees pursuant to the provisions of the workers' compensation law; establishes a nurse practitioner committee to regulate the practice of nurse practitioners under such law; makes it a misdemeanor to violate provisions relating to fees which may be collected by nurse practitioners.
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S03908 Actions:

BILL NOS03908
 
04/03/2009REFERRED TO LABOR
01/06/2010REFERRED TO LABOR
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S03908 Floor Votes:

There are no votes for this bill in this legislative session.
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S03908 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3908
 
                               2009-2010 Regular Sessions
 
                    IN SENATE
 
                                      April 3, 2009
                                       ___________
 
        Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor
 
        AN ACT to amend the workers' compensation law, in relation to  authoriz-
          ing  as  a  pilot  program  certified  nurse  practitioners to provide
          certain care and treatment to injured employees; and providing for the

          repeal of such provisions upon expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  workers' compensation law is amended by adding a new
     2  section 13-p to read as follows:
     3    § 13-p. Care and treatment of  injured  employees  by  duly  certified
     4  nurse  practitioners. 1. An injured employee injured under circumstances
     5  which make such injury compensable under  this  article,  when  care  is
     6  required  for  an  injury which consists solely of a condition which may
     7  lawfully be treated by a nurse practitioner in accordance  with  section
     8  sixty-nine  hundred  two of the education law may select to treat him or
     9  her, any duly registered, licensed and certified nurse  practitioner  of

    10  the  state  of New York, authorized by the chair to render nurse practi-
    11  tioner care as provided in this section. If the injury or  condition  is
    12  one  which  is  outside  the  limits prescribed by the education law for
    13  treatment or care by such nurse practitioner,  such  nurse  practitioner
    14  shall  so  advise  the  injured employee. A nurse practitioner certified
    15  pursuant to section sixty-nine hundred ten of the education law, who  is
    16  desirous  of  being  authorized  to render nurse practitioner care under
    17  this section shall file an  application  for  authorization  under  this
    18  section  with  the nurse practitioner committee.  In such application he
    19  or she shall agree to refrain from subsequently treating  for  remunera-

    20  tion, as a private patient, any person seeking treatment from such nurse
    21  practitioner in connection with, or as a result of, any injury compensa-
    22  ble  under  this chapter, if he or she has been removed from the list of
    23  nurse practitioners authorized to render nurse practitioner  care  under
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03859-01-9

        S. 3908                             2
 
     1  this  chapter,  or  if the person seeking such treatment has been trans-
     2  ferred from his or her care in accordance with the  provisions  of  this

     3  section,  which agreement shall run to the benefit of the injured person
     4  so  treated  and  shall  be  available to him or her as a defense in any
     5  action by such nurse practitioner for  payment  for  care  or  treatment
     6  rendered  by  a nurse practitioner after he or she has been removed from
     7  the list of nurse practitioners authorized to render nurse  practitioner
     8  care  under  this  section,  or after the injured person was transferred
     9  from his or her care in accordance with the provisions of this  section.
    10  The  nurse  practitioner  committee  if it deems such nurse practitioner
    11  duly qualified shall recommend to the chair that such nurse practitioner
    12  be authorized to render nurse practitioner care under this section. Such

    13  recommendations shall be advisory to the chair only  and  shall  not  be
    14  binding  or  conclusive  upon  him  or  her. The chair shall prepare and
    15  establish a schedule for the state,  or  schedules  limited  to  defined
    16  localities,  of  charges  and  fees for nurse practitioner treatment and
    17  care delivered by a treating nurse practitioner under this  section,  to
    18  be determined in accordance with and to be subject to change pursuant to
    19  rules  promulgated  by the chair. Before preparing such schedule for the
    20  state or schedules for limited localities, the chair shall  request  the
    21  nurse  practitioner  committee  to  submit to him or her a report on the
    22  amount of remuneration deemed by such committee to be fair and  adequate

    23  for  the  types  of nurse practitioner care and treatment to be rendered
    24  under this section, but consideration shall be  given  to  the  view  of
    25  other  interested  parties, the amounts payable by the employer for such
    26  treatment and services shall be the fees and charges established by such
    27  schedule.
    28    2. No claim for nurse practitioner treatment or care made pursuant  to
    29  this  section  shall be valid and enforceable as against the employer or
    30  employees unless within forty-eight hours following the first  treatment
    31  the  nurse  practitioner  giving such care or treatment furnished to the
    32  employer and directly to the chair a preliminary notice of  such  injury
    33  and treatment, and within fifteen days thereafter a more complete report

    34  and  subsequent  thereto progress reports as requested in writing by the
    35  chair, board, employer or insurance carrier, at intervals  of  not  less
    36  than  three  weeks  apart  or at less frequent intervals if requested on
    37  forms prescribed by the chair. The board may excuse the failure to  file
    38  such notices within the designated periods when it finds it to be in the
    39  interest  of  justice  to  do so. Upon receipt of the notice provided in
    40  this subdivision, the employer shall be entitled to  have  the  claimant
    41  examined  by  a  qualified physician at a place reasonably convenient to
    42  the claimant and in the presence of the claimant's  nurse  practitioner,
    43  and  the  refusal  of the claimant to submit to such examination at such

    44  time or times as may reasonably be necessary in the opinion of the board
    45  shall bar the claimant from  recovering  compensation,  for  any  period
    46  during which he or she has refused to submit to such examination.
    47    3.  Fees  for  nurse  practitioner  services rendered pursuant to this
    48  section shall be payable only to a duly authorized nurse practitioner as
    49  defined in this section, or to the agent, executor or  administrator  of
    50  the  assets of such nurse practitioner, including a physician associated
    51  with such nurse practitioner. No nurse practitioner rendering  treatment
    52  to  a  compensation  claimant  pursuant to this section shall collect or
    53  receive a fee from such claimant  within  this  state,  but  shall  have

    54  recourse  for  payment only to the employer under the provisions of this
    55  section.

        S. 3908                             3
 
     1    4. Whenever his or her attendance at a hearing is required, the  nurse
     2  practitioner  of the injured employee shall be entitled to receive a fee
     3  from the employer in an amount to be fixed by the board, in addition  to
     4  any  fee  payable under section eight thousand one of the civil practice
     5  law and rules.
     6    5.  The provisions of subdivisions one and three of section thirteen-g
     7  of this article with respect to the conditions under which  a  hospital,
     8  physician  or  self-employed  physical  or  occupational  therapist  may

     9  request payment or arbitration of a bill, or under which an award may be
    10  made for payment of such bill, shall be applicable to bills rendered  by
    11  a nurse practitioner for services rendered to an injured employee pursu-
    12  ant  to this section. If the parties fail to agree as to the nurse prac-
    13  titioner care rendered under this section to a claimant such value shall
    14  be decided by the nurse practitioner committee and the majority decision
    15  of such committee shall be conclusive upon the parties as to  the  value
    16  of  the  services rendered. The board or the chair may make an award not
    17  in excess of the established fee schedules for any  such  bill  or  part
    18  thereof  which  remains  unpaid in the same manner as an award for bills

    19  rendered under subdivisions one and three of section thirteen-g of  this
    20  article,  and  such award may be collected in like manner as an award of
    21  compensation.
    22    Where a nurse practitioner's bill has been determined to  be  due  and
    23  owing  in accordance with the provisions of this section the board shall
    24  include in the amount of the award interest of not  more  than  one  and
    25  one-half  percent per month payable to the nurse practitioner in accord-
    26  ance with the rules and regulations promulgated by the board. The  chair
    27  shall assess the sum of fifty dollars against the employer for each such
    28  award  made  by the board, which sum shall be paid into the state treas-
    29  ury.

    30    A nurse  practitioner  initiating  an  arbitration  pursuant  to  this
    31  section shall pay a fee, as determined by regulations promulgated by the
    32  chair to be used to cover the costs related to the conduct of such arbi-
    33  tration.  Upon  resolution in favor of such party, the amount due, based
    34  upon the bill in dispute, shall be increased by the amount  of  the  fee
    35  paid by such party. Where a partial award is made, the amount due, based
    36  upon the bill in dispute, shall be increased by a part of such fee.
    37    6. Within the limits prescribed by the education law for nurse practi-
    38  tioner  care  and  treatment,  the  report or testimony of an authorized
    39  nurse practitioner concerning the condition of an injured  employee  and

    40  treatment  thereof  shall  be  deemed competent evidence and the profes-
    41  sional opinion of the nurse practitioner as to causal relation and as to
    42  required treatment shall be deemed competent but shall not  be  control-
    43  ling. Nothing in this section shall be deemed to deprive any employer or
    44  insurance carrier of any right to medical examination or presentation of
    45  medical testimony now conferred by law.
    46    7.  The  chair  shall  promulgate  rules governing the procedure to be
    47  followed by those rendering nurse practitioner care under this  section,
    48  which  rules  so far as practicable shall conform to the rules in effect
    49  on the effective date of this section with  reference  to  medical  care

    50  furnished  to claimants in workers' compensation. In connection with the
    51  promulgation of such rules the chair may consult the nurse  practitioner
    52  committee  and  may take into consideration the view of other interested
    53  parties.
    54    8. The chair shall appoint for and with  jurisdiction  in  the  entire
    55  state  of New York a single nurse practitioner committee composed of two
    56  duly licensed physicians and three duly registered, licensed and  certi-

        S. 3908                             4
 
     1  fied  nurse practitioners of the state of New York. One such nurse prac-
     2  titioner shall be appointed upon the  recommendation  of  the  temporary
     3  president  of  the  senate  and  one  such  nurse  practitioner shall be

     4  appointed  upon the recommendation of the speaker of the assembly.  Each
     5  member of such committee shall receive compensation on an  annual  basis
     6  to  be fixed by the chair within amounts appropriated therefor. One such
     7  nurse practitioner member shall be designated by the chair as a chair of
     8  the nurse practitioner committee. No  member  of  such  committee  shall
     9  render  care under this section nor be employed or accept or participate
    10  in any fee from any  insurance  company  authorized  to  write  workers'
    11  compensation  insurance  in this state or from any self-insurer, whether
    12  such employment or fee relates  to  a  workers'  compensation  claim  or
    13  otherwise.  The  attorney general, upon request, shall advise and assist
    14  such committee.

    15    9. The nurse practitioner committee shall investigate, hear  and  make
    16  findings with respect to all charges as to professional or other miscon-
    17  duct  of  any authorized nurse practitioner as provided in this subdivi-
    18  sion under rules and procedure to be prescribed by the chair  and  shall
    19  report  evidence of such misconduct, with their findings and recommenda-
    20  tions with respect thereto, to the chair.  The  findings,  decision  and
    21  recommendation  of the nurse practitioner committee shall be advisory to
    22  the chair only, and shall not be binding or conclusive upon him or  her.
    23  The  chair  shall remove from the list of nurse practitioners authorized
    24  to render nurse practitioner care under this section  the  name  of  any

    25  nurse  practitioner  who  he or she shall find after reasonable investi-
    26  gation is disqualified because such nurse practitioner:
    27    (a) has been guilty of professional or other  misconduct  or  incompe-
    28  tence  in connection with nurse practitioner services rendered under the
    29  law;
    30    (b) has exceeded the limits of his or her professional  competence  in
    31  rendering  nurse  practitioner services under the law, or has made false
    32  statements regarding his or her qualifications in his or her application
    33  for authorization;
    34    (c) has failed to submit in a timely, full and truthful  manner  nurse
    35  practitioner  reports  of  all  his  or her findings to the employer and

    36  directly to the chair of the board within the time  limits  provided  in
    37  this section;
    38    (d)  has  knowingly  made  a false statement or representation as to a
    39  material fact in any medical report made pursuant to this chapter or  in
    40  testifying  or  otherwise providing information for the purposes of this
    41  chapter;
    42    (e) has solicited or has employed another to solicit  for  himself  or
    43  herself or for another professional treatment, examination or care of an
    44  injured employee with any claim under this chapter;
    45    (f)  has refused to appear before or answer upon request of the chair,
    46  board, nurse practitioner committee or any duly  authorized  officer  of
    47  the  state,  any  legal  question  or produce any relevant book or paper

    48  concerning his or her conduct under an authorization granted to  him  or
    49  her under the law; or
    50    (g)  has directly or indirectly requested, received or participated in
    51  the division, transference, assignment, rebating, splitting or refunding
    52  of a fee for, or has directly or indirectly requested, received or prof-
    53  ited by means of a credit  or  otherwise  valuable  consideration  as  a
    54  commission,  discount or gratuity, in connection with the treatment of a
    55  workers' compensation claimant.  Nothing  contained  in  this  paragraph
    56  shall  prohibit  such  nurse practitioners who practice with other nurse

        S. 3908                             5
 
     1  practitioners or physicians as partners, in groups or as a  professional

     2  corporation,  limited  liability  company, or limited liability partner-
     3  ship, or as a university faculty practice corporation from pooling  fees
     4  and  moneys  received,  either  by  the partnership, professional corpo-
     5  ration, limited liability  company,  limited  liability  partnership  or
     6  group, nor shall the professionals constituting the partnership, profes-
     7  sional  corporation,  limited liability company, limited liability part-
     8  nership or group be prohibited from sharing,  dividing  or  apportioning
     9  the fees and moneys received by them or by the partnership, corporation,
    10  limited  liability  company,  limited  liability partnership or group in
    11  accordance with a partnership or  other  agreement;  provided,  however,

    12  that nothing in the paragraph shall be construed to authorize the forma-
    13  tion  of  a  partnership,  professional  corporation,  limited liability
    14  company, or limited liability partnership not  otherwise  authorized  by
    15  law.
    16    10. Any person who violates or attempts to violate, and any person who
    17  aids  another to violate or attempts to induce him or her to violate the
    18  provisions of paragraph (g) of subdivision nine of this section shall be
    19  guilty of a misdemeanor.
    20    11. Nothing in this section shall be  construed  as  limiting  in  any
    21  respect  the  power  or  duty  of  the chair to investigate instances of
    22  misconduct, either before or after investigation by  the  nurse  practi-

    23  tioner  committee  or  to  temporarily  suspend the authorization of any
    24  nurse practitioner that he or she may  believe  to  be  guilty  of  such
    25  misconduct.  The  provisions of subdivision one of section thirteen-d of
    26  this article shall be applicable as  fully  as  if  set  forth  in  this
    27  section.
    28    12.  Nothing  in  this  section  shall be construed as limiting in any
    29  respect the authority of a nurse practitioner to deliver care and treat-
    30  ment as authorized by article one hundred thirty-nine of  the  education
    31  law,  or  to  require  that a nurse practitioner file an application for
    32  authorization under this section.
    33    § 2. Section 141 of the workers' compensation law, as amended by chap-
    34  ter 6 of the laws of 2007, is amended to read as follows:

    35    § 141. General powers and duties of the chair. The chair shall be  the
    36  administrative  head  of the workers' compensation board and shall exer-
    37  cise the powers and perform the duties in relation to the administration
    38  of this chapter heretofore vested in the commissioner of labor by  chap-
    39  ter fifty of the laws of nineteen hundred twenty-one, and acts amendato-
    40  ry  thereof,  and  by  this  chapter  excepting article six thereof, and
    41  except in so far as such powers and duties are vested by this chapter in
    42  the workers' compensation board. The chair shall preside at all meetings
    43  of the board and shall appoint all committees and panels of  the  board;
    44  shall  designate  the  times  and places for the hearing of claims under
    45  this chapter and shall perform all administrative functions of the board
    46  as in this chapter set forth. The chair, in the name of the board, shall

    47  enforce all the provisions of this chapter, and may make  administrative
    48  regulations and orders providing for the receipt, indexing and examining
    49  of all notices, claims and reports, for the giving of notice of hearings
    50  and of decisions, for certifying of records, for the fixing of the times
    51  and  places for the hearing of claims, and for providing for the conduct
    52  of hearings and establishing of calendar  practice  to  the  extent  not
    53  inconsistent  with the rules of the board. The chair shall issue and may
    54  revoke certificates of authorization of physicians, chiropractors [and],
    55  podiatrists and nurse practitioners as provided in sections  thirteen-a,
    56  thirteen-k  [and]  ,  thirteen-1  and  thirteen-p  of  this chapter, and

        S. 3908                             6
 

     1  licenses for medical bureaus and x-ray and other laboratories under  the
     2  provisions of section thirteen-c of this chapter, issue stop work orders
     3  as  provided  in  section  one  hundred forty-one-a of this article, and
     4  shall  have and exercise all powers not otherwise provided for herein in
     5  relation to the administration  of  this  chapter  heretofore  expressly
     6  conferred  upon  the  commissioner  of labor by any of the provisions of
     7  this chapter, or of the labor law. The chair, on behalf of the  workers'
     8  compensation  board,  shall  enter  into  the  agreement provided for in
     9  section one hundred seventy-one-h of the tax law, and  shall  take  such
    10  other  actions  as  may be necessary to carry out the agreement provided
    11  for in such section for matching beneficiary records of workers' compen-
    12  sation with information provided by employers to the state directory  of

    13  new  hires  for  the purposes of verifying eligibility for such benefits
    14  and for administering workers' compensation.
    15    § 3. Subdivisions 1, 2 and 3 of section 217 of  the  workers'  compen-
    16  sation law, subdivision 1 as amended by chapter 167 of the laws of 1999,
    17  and  subdivisions 2 and 3 as amended by chapter 270 of the laws of 1990,
    18  are amended to read as follows:
    19    1. Written notice and proof of disability shall be  furnished  to  the
    20  employer  by  or  on behalf of the employee claiming benefits or, in the
    21  case of a claimant under section two hundred seven of this  article,  to
    22  the  chair, within thirty days after commencement of the period of disa-
    23  bility. Additional proof shall be furnished thereafter from time to time
    24  as the employer or carrier or chair may require but not more often  than
    25  once  each  week.  Such proof shall include a statement of disability by

    26  the employee's attending physician or attending podiatrist or  attending
    27  chiropractor or attending dentist or attending psychologist or attending
    28  certified  nurse midwife or attending nurse practitioner, or in the case
    29  of an employee who adheres to the faith or teachings of  any  church  or
    30  denomination, and who in accordance with its creed, tenets or principles
    31  depends  for  healing  upon  prayer through spiritual means alone in the
    32  practice of religion, by an accredited  practitioner,  containing  facts
    33  and opinions as to such disability in compliance with regulations of the
    34  chair.  Failure  to  furnish  notice or proof within the time and in the
    35  manner above provided shall not invalidate the  claim  but  no  benefits
    36  shall be required to be paid for any period more than two weeks prior to
    37  the  date  on  which  the required proof is furnished unless it shall be

    38  shown to the satisfaction of the  chair  not  to  have  been  reasonably
    39  possible  to  furnish such notice or proof and that such notice or proof
    40  was furnished as soon as possible; provided, however, that  no  benefits
    41  shall be paid unless the required proof of disability is furnished with-
    42  in  twenty-six weeks after commencement of the period of disability.  No
    43  limitation of time provided in this section shall  run  as  against  any
    44  person who is mentally incompetent, or physically incapable of providing
    45  such  notice  as  a result of a serious medical condition, or a minor so
    46  long as such person has no guardian of the person [and/] or property.
    47    2. An employee claiming benefits shall, as requested by  the  employer
    48  or  carrier,  submit  himself or herself at intervals, but not more than
    49  once a week, for examination by a physician or podiatrist or  chiroprac-

    50  tor or dentist or psychologist or certified nurse midwife or nurse prac-
    51  titioner  designated  by  the employer or carrier. All such examinations
    52  shall be without cost to the employee and shall be held at a  reasonable
    53  time and place.
    54    3.  The  chair  may  direct the claimant to submit to examination by a
    55  physician or podiatrist or chiropractor or dentist  or  psychologist  or
    56  nurse  practitioner  designated  by  him or her in any case in which the

        S. 3908                             7
 
     1  claim to disability benefits is contested and in  claims  arising  under
     2  section  two  hundred  seven  of this article, and in other cases as the
     3  chair or board may require.
     4    § 4. Subdivision 2 of section 205 of the workers' compensation law, as

     5  amended  by  chapter  270  of  the  laws  of 1990, is amended to read as
     6  follows:
     7    2. for any period of disability during which an employee is not  under
     8  the  care  of  a  duly  licensed physician or with respect to disability
     9  resulting from a condition of the foot which may lawfully be treated  by
    10  a  duly  registered  and licensed podiatrist of the state of New York or
    11  with respect to a  disability  resulting  from  a  condition  which  may
    12  lawfully  be  treated  by a duly registered and licensed chiropractor of
    13  the state of New York or with respect to a disability resulting  from  a
    14  condition  which  may  lawfully be treated by a duly licensed dentist of
    15  the state of New York or with respect to a disability resulting  from  a
    16  condition  which  may  lawfully  be  treated  by  a  duly registered and
    17  licensed psychologist of the state of New York  or  with  respect  to  a

    18  disability resulting from a condition which may lawfully be treated by a
    19  duly  certified  nurse midwife or with respect to a disability resulting
    20  from a condition which may lawfully be treated  by  a  duly  registered,
    21  licensed  and certified nurse practitioner, for any period of such disa-
    22  bility during which an employee is neither under the care of a physician
    23  nor a podiatrist, nor a chiropractor, nor a dentist, nor a psychologist,
    24  nor a certified nurse midwife, nor a nurse  practitioner;  and  for  any
    25  period  of  disability during which an employee who adheres to the faith
    26  or teachings of any church or denomination and who  in  accordance  with
    27  its  creed, tenets or principles depends for healing upon prayer through
    28  spiritual means alone in the practice of religion, is not under the care

    29  of a practitioner duly accredited by the  church  or  denomination,  and
    30  provided  such  employee  shall  submit  to all physical examinations as
    31  required by this chapter.
    32    § 5. Subdivision 5 of section 220 of the workers' compensation law, as
    33  amended by chapter 940 of the laws  of  1973,  is  amended  to  read  as
    34  follows:
    35    5.  In  addition to other penalties [herein] provided in this section,
    36  the [chairman] chair shall remove from the list of physicians authorized
    37  to render medical care under the provisions of articles  one  to  eight,
    38  inclusive,  of  this chapter and from the list of podiatrists authorized
    39  to render podiatric care under section thirteen-k of this  chapter,  and
    40  from  the  list  of chiropractors authorized to render chiropractic care

    41  under section thirteen-l of this chapter, and from  the  list  of  nurse
    42  practitioners authorized to render nurse practitioner care under section
    43  thirteen-p  of  this  chapter the name of any physician or podiatrist or
    44  chiropractor or nurse practitioner whom he  or  she  shall  find,  after
    45  reasonable  investigation,  has  submitted to the employer or carrier or
    46  [chairman] chair in connection with any claim  for  disability  benefits
    47  under  this  article, a statement of disability that is not truthful and
    48  complete.
    49    § 6. Section 232 of the workers' compensation law, as amended by chap-
    50  ter 270 of the laws of 1990, is amended to read as follows:
    51    § 232. Fees of physicians, podiatrists, chiropractors, dentists, nurse

    52  practitioners and psychologists. Whenever his or  her  attendance  at  a
    53  hearing  before  the  board  or  its referees is required, the attending
    54  physician or attending podiatrist or attending chiropractor or attending
    55  dentist or attending psychologist or attending certified  nurse  midwife
    56  or  attending  nurse  practitioner of the disabled employee, except such

        S. 3908                             8
 
     1  physicians as are disqualified from testifying pursuant  to  subdivision
     2  one  of  section  thirteen-b, or section nineteen-a of this chapter, and
     3  except such podiatrists as are disqualified from  testifying  under  the
     4  provisions of section thirteen-k of this chapter, and except such chiro-
     5  practors  as  are  disqualified  from testifying under the provisions of

     6  section thirteen-l of this chapter, and except such psychologists as are
     7  disqualified from testifying under the provisions of section  thirteen-m
     8  of this chapter, and except such nurse practitioners as are disqualified
     9  from testifying under the provisions of section thirteen-p of this chap-
    10  ter,  shall  be  entitled  to receive a fee from the carrier or the fund
    11  established under section two hundred fourteen of this  article,  in  an
    12  amount as directed and fixed by the board, or its referees, and such fee
    13  shall be in addition to any witness fee.
    14    §  7. This act shall take effect immediately and shall expire December
    15  31, 2014 when upon such date the provisions of this act shall be  deemed
    16  repealed.
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